Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1887-01-11


fair weather.
UNITED STATES CoURr.-The Unite,!
States Circuit aud District Courts met at
eleven o'clock to-day, Judge r. ". Hughes
presiding.
The grand jury, VIM. a. Smoot foreman
was called aud sent to their room for con-
ference The petit jury was called and ad
ourned over until tomorrow at eleven
o'clock, owing to motions to be argued be
fore Judge Bond, Circuit Judge, and Judge
Hughes, OF the District Court.
Among those present ct Court were MIR.
William l.. Royal, counsel for the Council
Of Foreign Bondholders of Virginia Col. j
. Gibson, District Attorney, aud James
Lyons, IT,, assistant District Attorney Maj.
C. u. Back ford, Of Lyncbhurg; Maj. L. Il.
Page, Of Richmond; Attorney General R.
A Ayers Judge a. NJ. Aiken, OF Danville,
aud Richard Wake, OF Norfolk.
At twelve o'clock Judge Bond arrived
and, with Judge Hughes, proceeded to dis
patch the business specially assigned.
Maj L. r. Page, of counsel for George
NJ Balm. IT,, convicted in Norfolk, and
whose motion for nsw trisl was adjourned
here, to he heard to day, then moved the
Court for a cln!nuauce Of tna motion ue-
cause Of the absence ofJudge w. " Crump
WHO was tao unwel to oo present.
6ftor c,uit,tnce the Court ordered the
motions in arrest Of judgment and for new
t,ial 10 be argued forthwith. Mr.. Wake
then began he argument 70: the defence In
uouor of tie motions. That IN arrest OF
judgment Sas b tsed upon Tue ground that
Inc o.au,l jliv which found the iudic. ment
was without authority 50 to do. The grand
iurv was elnpanelled in Alexandria. sat
there for several days, and then, having
transacted all their business, was adjourned
over to the session at Richmond. Complet.
ing their business there, they were again
adjourned over to the session at Norfolk,
where the indictment upon which the de.
PENDANT was convicted was found It was
claimed that the grand jury was summoned
TO serve at Alexandria, and its proceedings
at any other term of the court were null
and void II was urged in the second place
that the court had allowed substantial
amendment to be made in the Indictment by
striking out certain substantial allegations
thereof. The motion for for new trial was
based upon the insuiliciency OF the evidence
and the admission OF improper evidence.
The third point was presented as follows :
I'VE make the further objection that the
charge TO the jury was not correct. but this
point we do not care to argue. That is
the point We wish to hear argued.
"Doyou recall the particular part ofthe in
slructions YOU object to ?" said Judge Bond.
"Well, we beg to dissent from the opinion
of the court upon the subject ofintent."
"You are not the first lawyer who has
done that" said the Judge. SIN fact, the
Supreme Court of the United States some
times does it,
Major Page at the conclusion of Mr..
Wakes argument, began the discussion Of
The points stated above. He elaborated the
proposition that grand jury summoned to
meet at Alexandria was tunctus oflicio,
when the term of that court ended. The
court met in Richmond and adjourned its
term II met at Norfolk and adjourned its
term there.
The grand jury here entered the court
room, aud through their foreman presented
two mathematician bills-against Geo.
Ulz, of Madison county, for violation Of the
internal revenue laws, in selling liquor
without licenses.
The court did not desire argument from
counsel for the Government,
At the conclusion of the argument, the
Judges conferred for time, and then Judge
Bond announced the opinion overriding the
motions, bat knowing the fact that the de
iendant desired to apply to the Supremr
court oil Tue I ulteu SlaISS iOT a. VIII VI M
beas corpus, postponed sentence nutil the
court met at Norfolk, and without entering
the formal order, but announcing that it
would do so, adjourned the whole matter
over until January 90, at Norfolk.
Mr.. W. L. Royal then asked The court 20
take up the petition for mandamus against
Marye, Auditor, to compel him 10 credit
the Treasurer of Petersburg with certain
coupons received by him from tax payers;
and secondly, the rule adopted by Judge
Hughes requiring parties bringing suits TO
deposit their coupons with the clerk Of the
Circuit Court before process should issue in
the suit.
After short delay, expecting the arrival
of Hon. J. il Tucker, who did not resch
the court room till near three o'clock, it
was determined by the court, the counsel
acquiescing, that the coupon cases should be
argued before Judges Bond and Hughes on
the 2Sth of January, in Baltimore.
The court adjourned till to morrow.